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Diane Lieb Wies

Diane Wies’s Answers

1 total

  • Does a will or living trust need to be notarized to be valid?


    Diane’s Answer

    In Washington, a Will need not be notarized. It must be signed by 2 witnesses in the presence of the decedent. In order to enter the Will into probate in court, you will need testimony from the 2 witnesses. This can be submitted via an affidavit signed by the witnesses. If the affidavit of the witnesses is attached to the will at the time of the testator’s execution, it is considered a self-proving Will. If the decedent’s Will is signed by two witnesses, but is not self-proving, in order to prove the Will, you will need to obtain affidavits from the two witnesses to the Will. Pursuant to GR13, RCW 9A.72.085, and Estate of Starkel, 134 Wn.App. 364, 134 P.3d 1197 (2006) the requirement of an affidavit is fulfilled by a declaration signed by the witnesses. A declaration need not be notarized. The declaration may be substantially in the following form: “I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.” Estate of Starkel, 134 Wn.App. 373. The declaration must state the place of execution and date the declaration was executed.

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